Florida Credit Card Lawsuits

Florida consumers often have a great deal of varying questions after being served with a credit card collection lawsuit. Most Florida consumers we speak with have never been in court and are unfamiliar with the court systems and their specialized rules. Some basic information is listed below, but please contact Florin Legal, P.A. with any questions if you have been served with a credit card lawsuit or other questions about credit card defense.

The Different Florida Courts

Depending on the amount allegedly owed on the credit card, the lawsuit may be filed in small claims court, county court, or circuit court. Florida Small Claims Court is a subsection of County Court and handles most credit card lawsuits under $5,000, excluding costs, interest, and potentially attorney fees. Florida County Court has jurisdiction of credit card lawsuits up to $15,000 with the same conditions above. Any credit card debts exceeding $15,000 would be filed in the Florida Circuit Court.

Florida Small Claims Court

A great deal of credit card lawsuits are handled in the Florida Small Claims Court which involve simplified procedural rules. Rather than filing a response to the lawsuit, the court sets an initial pretrial which is your opportunity, or an attorney if you choose to hire one, to admit or deny the allegations of the credit card lawsuit. Where ownership or amount of the debt are disputed, the claim is typically sent to mediation to see if the parties can resolve the claim prior to trial. Cases that cannot be resolved at the mediation are then referred back to the court for a final hearing or trial. Small claims cases typically move through the court system quicker than county court or circuit court cases.

Florida County Court and Circuit Court

Although the balances and potential liability differ greatly, County Court cases and Circuit Court cases are both governed by the Florida Rules of Civil Procedure. Unlike a small claims case, a written response to the lawsuit must be filed, most commonly, within 20 days of being served with the summons.

Credit Card Causes of Action

After reviewing the Summons and Complaint, you may notice the simple credit card lawsuit has become more complex. The most common causes of action we see include:

• Breach of Contract,
• Account Stated,
• Open Account,
• Money Lent, and
• Unjust Enrichment.

Finally, the creditor or debt buyer may, or may not, have attached documentation to the lawsuit such as credit card statements, credit card contracts, credit card statements, and sometimes even a signed application. Only after reviewing all of this documentation and each client’s personal objectives are we able to determine the best course of action in defending and resolving the credit card lawsuit.

Cases We Handle

At Florin Legal, P.A., some of the Florida credit card lawsuits we handle include, but are not limited to the following original creditors and debt buyers:

Original Creditors

• Ford Motor Credit Company, LLC
• Bank of America, N.A.
• Chase Bank
• Regions Bank
• Suncoast School Credit Union
• Barclays Bank Delaware
• Wells Fargo Bank, N.A.
• FIA Card Services, N.A.
• American Express Centurion Bank
• Capital One Bank (USA), N.A.
• Citibank, N.A.
• Target National Bank
• Envision Credit Union
• Pentagon Federal Credit Union
• Grow Financial Federal Credit Union
• American Express Bank, FSB
• Discover Bank
• Lake Wales Hospital
• Modern American Enterprises

Debt Buyers

• Portfolio Recovery Associates, LLC
• LVNV Funding, LLC
• Unifund CCR, LLC
• Equable Ascent Financial, LLC
• Midland Funding, LLC
• Midland Credit Management, LLC
• Asset Acceptance, LLC
• Surf Consultants, LLC
• Riverwalk Holdings, LTD
• Superior Debt Recovery, LLC
• Mainstreet Acquisition Corp.
• Dodge Enterprises, Inc.
• Cavalry Portfolio Services, LLC
• Cavalry SPV I, LLC
• Stellar Recovery, Inc.